Michael Lohan's Ex Kate Major

Won't Be Prosecuted

for Criminal Battery

12/1/2011 9:57 AM PST BY TMZ STAFF

Michael Lohan's Achilles' Heel, Kate Major, will NOT be prosecuted for battering a passenger on a Delta flight ... TMZ has learned.

Sources tell us ... the L.A. City Attorney had a meeting with Kate's lawyer, Trent Copeland, today and prosecutors decided not to file the case. We're told the City Attorney was impressed that Kate was trying to solve her problem by checking into rehab. Copeland also made it clear ... Kate was apologetic for her conduct.